RUNUMI DEVI Vs. HARADHAN SARMA

JUDGEMENT

(1.) Heard Mr. R Ali, learned counsel for the appellant and Mr. H Sarma, learned Addl. Public Prosecutor, Assam.

(2.) This appeal is directed against the judgment and order passed by the learned Sessions Judge in Criminal Appeal No.6/2007, whereby the learned Sessions Judge allowing the appeal filed by the present appellant, set-aside the judgment and order passed by the learned Addl. CJM, convicting the appellant under Section 498-A IPC and awarding sentence of imprisonment for 1 (one) years and fine of Rs.1,000/- with default stipulation.

(3.) As per the prosecution case, the complainant Runumi Devi was wedded to the appellant on 08.10.2005 and she went to her matrimonial home with the gifts and dowry given by her parents. Since after few days of the marriage she was subjected to physical and mental torture by the present appellant and other members of the family demanding TV, Motor Bike etc., It was also alleged that the appellant had illicit relationship with his sister-in-law, who was arrayed as co-accused No.2 in the FIR and complainant had seen the appellant with his sister-in-law in a compromising position. As the complainant raised objection against the illicit relationship of her husband, torture upon her increased and ultimately on 05.02.2006 she was driven out from her matrimonial home, and as such, she lodged a complaint. On the basis of the said complaint, learned Magistrate took cognizance and eventually the four accused persons including the present appellant stood trial before the learned Addl. CJM.